Asked April 14, 2015, 6:53 PM EDT

The Township approved a PUD several years ago. The developer of that PUD defaulted on the property and it reverted back to the original owner. A new developer has submitted a PUD proposal on that property. The new developer is alleging that if his PUD proposal is not approved, he can utilize the formerly approved PUD. Is this true? Thank you for your response. Sylvia J. Merz

Leelanau County Michigan

1 Response

Any administrative zoning decision (special use permit, regular zoning permit, site plan approval, PUD handled administratively, variance, etc.) is permanent and travels with the parcel of land. The approval/permit always automatically goes to the future owners of the property.

So in your case the first PUD permit issued (to the first developer went with the property to the original owner upon default, and when sold to the next developer became a PUD approval the current owner has, and can use.

A parcel owner always has the right to apply for another permit -- in this case a different PUD. If granted, then, (1) there will be two PUDs approved for that parcel, or (2) the second PUD approval will specify the first PUD is replacing the first PUD approval -- if both the applicant and township agree.